RE: hacked server, DDoS bin installed -- To put it another way...

 
> > We'll see if they have the kind of success at other crimes 
> that they 
> > have had with auction fraud;  Without money involved some local 
> > prosecutors may be a little more shy than they have been.
> 
> 
> Hmm, it's more like seeing somebody planning a robbery, and 
> getting all the weapons and gear ready, but not knowing their 
> target.  It's hard to do anything about it at that point with 
> a robbery, too.

Well, getting weapons and gear can, in theory, be completely legal.
There's nothing legal about putting together a botnet, since it
involves thousands of violations of the Computer Fraud and Abuse
act.  

Large ISPs should actually be able to justify prosecution of some
larger botnets, as their costs to clean them up could easily exceed
$10,000 ...